quesmodification of leave of appeal

If the SC registrar had dismissed the appeal in limine on the ground that question of law mentioned in the memorandum and certificate of leave of appeal was not adjudicable nor within its jurisdiction . Can Appellant go back to HC and apply for amendment or modification of certificate granted or seek another leave of appeal raising new grounds of attack.

  • ans

    This is a very specific query. I will have to review the copy of the order from the Supreme Court registrar to evaluate its implications.

     

    Typically new grounds of attack are not permissible and amendment or modification is permissible on limited grounds. My advice would be to consult a counsel to discuss this. 

     

  • ansregistrar cannot dismiss the appeal, as he has no powers. At the most he can raise the objection of maintainability and we have to satisfy how it is maintainable.

    Advocate Gaurav Malhotra

      Bengali Market, Delhi

  • ansOrder has to be reviewed.

    Advocate Ashima Puri

      Saket District Court, Delhi

  • ansThis is a very specific query. I will have to review the copy of the order from the Supreme Court registrar to evaluate its implications. Typically new grounds of attack are not permissible and amendment or modification is permissible on limited grounds. My advice would be to consult a counsel to discuss this.

    Advocate Dhruv Suri

      Barakhamba Road, Delhi

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